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~ ORA NEW BUSINESS MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 16, 2009 6:30 o'clock p.m. C ounc il Exh ibit E 4. #09-3433 RICHARD HANSON, 340 BIG ISLAND, VARIAN CE AND VACATION OF RIGHT-OF-WAY, 7:35 P.M. -8:01 P.M. Turner stated the applicant is requesting vacation of unimproved Meta Comet Avenue as well as a lot area variance to clarify the status of the property. The required notification of Big Island property owners was done in 1983. However, the lead staff person left the City 's employ that fall. In 1986, a second notification was done. George Hanson , then the owner of the property, returned the lot area variance application and other paperwork at that time. Earlier this year, Staff began to update the records of Big Island properties. Unprocessed applications for the "automatic lot area variance" were found in the files of about seven record lots . Staff had intended to bring all these applications for simultaneous consideration. Since Mr. Hanson made application for the vacation, it seemed appropriate to also process the lot area variance. Proposed to be vacated is a 33-foot wide street right-of-way that extends about 200 feet into Mr. Hanson 's property. This right-of-way was dedicated by the plat of Morse Island Park, which was recorded in 1887 . It dead ends about 38 feet from the lake. Formerly it connected to Massasoit Avenue, which was vacated in 2002. All abutting property is owned by Mr. Hanson. Since there is an overhead electrical line that serves both 340 and 350 within this right-of-way, a utility easement will be maintained over a portion of the right-of-way . The telephone company indicates it has nothing within the right-of-way. The existing cabin was constructed in 1977 to replace a cabin that burned a short time previously. It received a lakeshore setback variance. The septic system was replaced in 2007. If approved , a new tax parcel combination request would be filed before the resolution is recorded . Staff recommends the following: 1. If the Commission determines it to be appropriate, approval of the requested vacation of Meta Comet Avenue subject to retention of a utility easement for the existing electrical line . 2. Approval of the lot area variance subject to the tax parcels and vacated right(s) of way being combined into one tax parcel. Schoenzeit asked whether the lots could be separated again and developed . Turner stated they are considered to be one record lot and are supposed to be kept together. A condition of the lot area variance requires that the lots be combined . Rahn asked if it is private property between the end of the avenue and the lake. -----------------Page 9